1. Applicant's Name: a. Application Date: 9 May 2018 b. Date Received: 14 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the discharge should be upgraded because the applicant fulfilled the duties on the first contract honorably and up until the lapse in judgment. The applicant has never had any issues while enlisted. The applicant reenlisted and had plans to continue to serve with the intent of re-classing the MOS with the ability to take college classes and earn a degree utilizing the GI Bill Benefits, upon completion of the next contract and degree. The applicant had goals to transition out of the Army and get to work in the civilian sector. The applicant feels regarding the discharge, the applicant was not able to explain the situation and that no one cared how anything transpired. The applicant was automatically put into a bad category of character even though the applicant had statements of character from multiple individual within the Chain of Command. The applicant was not given a fair hearing and the applicant's voice was not heard regarding the situation. The applicant was just labeled from then forward and wrongfully discharged. In a records review conducted at Arlington, VA on 27 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 21 May 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 March 2018 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using cocaine, a scheduled II controlled substance between 30 December 2017 and 2 January 2018 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 April 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 April 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 August 2017 / 4 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 17 days d. Prior Service / Characterizations: RA, 5 May 2015 to 28 August 2017 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 18 January 2018, reflects the applicant tested positive for COC 12338 during an Inspection Unit (IU) urinalysis testing conducted on 2 January 2018. The Unit Commander's recommendation memorandum makes reference to the applicant having been found guilty of Article 112a, UCMJ, on 8 March 2018. The punishment consisted of reduction to E-1, forfeiture of $819.00 pay per month for two months (suspended), extra duty and restriction for 45 days, and oral reprimand. Report of Mental Status Evaluation, dated 21 February 2018, which indicates the applicant was mentally responsible for his behavior and possessed sufficient mental capacity to participate intelligently in any administrative proceedings deemed appropriate by his command. The applicant was cleared for any administrative action deemed appropriated by his command, to include separation under AR 635-200, Chapter 14-12c. Counseling for testing positive for cocaine. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; statements of support from two officers and a noncommissioned officer. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active duty. The applicant seeks relief contending his discharge should be upgraded because he fulfilled his duties on his first contract honorably and up until his lapse in judgment. The applicant contends that he has never had any issues while enlisted. He reenlisted and had plans to continue to serve with the intent of re-classing his MOS with the ability to take college classes and earn his degree utilizing his GI Bill Benefits, upon completion of his next contract and his degree. He had goals to transition out of the Army and get to work in the civilian sector. He feels regarding his discharge he was not able to explain his situation and that no one cared how anything transpired. He was automatically put into a bad category of character even though he had statements of character from multiple individual within his Chain of Command. He feels he was not given a fair hearing and his voice was not heard regarding his situation. He was just labeled from then forward and wrongfully discharged. The applicant's contentions were noted; however, the service record indicates the applicant committed a discrediting offense, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. Furthermore, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly or unfairly discharged. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. Additional; it should be noted; eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180008288 4